What Should I Do If Someone Stole My Identity to File A False Tax Return?

The IRS Identity Protection Specialized Unit – 1 (800) 908-4490 – may be called for any ID theft related inquiries.  The IRS divides ID theft issues into two categories: ID theft at risk of (but not yet) affecting tax administration and ID theft that is affecting tax administration – this is referred to as “tax-related” or “non-tax-related.”  If you have been a victim of identity theft, whether tax-related or not, the main tool you should be aware of is the IRS Identity Theft Affidavit, Form 14039.

If you were unable to file an electronic return because an ID thief has already filed one, submit a paper return to the IRS Service Center with the ID Theft Affidavit attached.  The IRS should acknowledge receipt of the Form 14039 within 30 days.  If the IRS has already alerted you to the ID theft, then an address will be on the notice.  The IRS will request supporting documentation or may determine that supporting documentation is unnecessary. Supporting documentation includes:

  • –Authentication of Identity – a copy of a valid U.S. federal or state government issued form of identification (examples include a driver’s license, state identification card, social security card, or passport); and
  • –Evidence of Identity Theft – a copy of a police report or Form 14039, IRS Identity Theft Affidavit.

Once a positive ID theft determination is made, the IRS will correct their records based on information submitted and cause issuance of your correct refund.

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